What You Should Know About Field Sobriety Tests
Being pulled over on suspicion of drunk driving can be a nerve-wracking experience. One of the first tools law enforcement often uses is a field sobriety test. While these tests are designed to assess impairment, they’re not always as straightforward—or as reliable—as they might seem. Whether you’ve taken one before or just want to understand how they work, it’s important to know what you’re dealing with.
Here’s a breakdown of the different tests, their limitations, and how they’re used in DUI cases.
Types of Tests Officers Use
Law enforcement relies on three standardized field sobriety tests most often: the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand tests. Each serves its purpose, but all are designed to assess coordination, balance, and cognitive abilities.
- Horizontal Gaze Nystagmus (HGN) checks for involuntary jerking of the eyes when tracking a moving object.
- The Walk-and-Turn Test asks someone to walk in a straight line, turn, and walk back, testing their focus and balance.
- The One-Leg Stand Test involves standing on one foot and holding balance for a specified time.
These tests may sound routine, but they’re not foolproof. Various factors like nerves, health issues, or even road conditions can interfere with how well someone performs.
What About Non-Standardized Tests?
You might also encounter tests like the finger-to-nose test or counting backward. These aren’t as scientifically reliable and are less frequently used. For example, touching your nose while your eyes are closed might seem simple, but conditions like fatigue or anxiety can easily throw you off, even if you’re sober. That’s why these tests are often easier to challenge in court.
Legal Consequences and Your Rights
The Role of Probable Cause
Before any field sobriety test begins, the officer must have probable cause—like erratic driving or the smell of alcohol. They can’t simply administer the test without reason. However, if you refuse the test, implied consent laws in most states mean you could still face penalties, such as having your license suspended.
What you might not know is that refusing a field sobriety test can also hurt your case later. Prosecutors might argue that refusal suggests guilt, which makes it even more critical to consult a lawyer if you’re in this position.
Can You Challenge the Test?
Absolutely. From environmental issues like bad lighting or uneven pavement to personal conditions like a medical issue, there are various ways to question the validity of these tests. For instance, someone with balance problems or inner-ear conditions could perform poorly, even if they haven’t had a drop to drink.
Officers must also follow strict procedures when administering these tests. If they skip steps, provide unclear instructions, or lack proper training, it further opens the door to dispute the results in court.
Defending Against Field Sobriety Test Results
Why You Need a Lawyer
If you’ve been arrested after failing a field sobriety test, an experienced DUI attorney can be your strongest advocate. They’ll know how to scrutinize the officer’s actions, identify flaws in test procedures, and build a defense that works in your favor.
A lawyer will also help you understand what you’re up against, from navigating implied consent laws to preparing for court. Their goal is to protect your rights and minimize potential penalties.
The Role of Expert Witnesses
Sometimes, it takes more than legal arguments to cast doubt on test results. Expert witnesses can provide powerful insight by explaining how certain medical conditions or external factors might’ve affected your performance. This testimony can reinforce your defense and challenge the prosecution’s case.
How We Can Help
Field sobriety tests might look straightforward on the surface, but the reality is much more complicated. If you’re facing DUI charges and uncertain about your next steps, Fife Luneau, P.C. is here to assist.
Our experienced DUI defense attorneys know the ins and outs of Colorado law, and we’ll work tirelessly to protect your rights and your future.
Don’t leave your case to chance. Call us today at (720) 408-7130 to schedule a consultation and take the first step toward building a strong defense.